Maintenance of hedges that overhang an allotment plot: whose responsibility?

Question

Our allotment tenancy agreement states that 'The tenant shall maintain in decent order all paths and ditches forming any boundary to the allotment, and trim back any overhanging hedges or trees' but one resident is refusing to comply,citing  Smallholdings and Allotment Act 1908 Chapter 36 8 Edw 7 26(1) part 2 . We don't want to go along the path with solicitors (and other allotment holders have offered to help him - offer has been refused). Any comments to make?

Answer 1

The statue being invoked appears to be this one: https://www.dropbox.com/s/nti9o145b12ro07/Screenshot%202017-05-12%2017.25.23.png?dl=0

So far as I can see, this merely grants the parish council a power to do something. It doesn't place any obligation on the council. Seems like you've got an awkward cuss! I guess the safest route is to keep up gentle pressure and hope things work out eventually.

Answer 2

Section 26(1) says:

Improvement and adaptation of land for allotments.

(1)The council of a borough, urban district, or parish may improve any land acquired by them for allotments and adapt the same for letting in allotments, by draining, fencing, and dividing the same, acquiring approaches, making roads and otherwise, as they think fit, and may from time to time do such things as may be necessary for maintaining such drains, fences, approaches, and roads, or otherwise for maintaining the allotments in a proper condition.

(2)The council may also adapt the land for allotments by erecting buildings and making adaptations of existing buildings, but so that not more than one dwelling-house shall be erected for occupation with any one allotment; and no dwelling-house shall be erected for occupation with any allotment of less than one acre.

I can't see that part 2 applies. As I read it, part 1 gives a council powers to maintain fences etc, but there is no obligation for the council to use these powers if it chooses not to. The key word is 'may'.

Comments

Thank you. 'May' is the critical word here, and it's something we have had issues with in the past with this resident when discussing matters of graveyard maintenance. It's reassuring to have your comments.